• My Wife is Doing all things possible to stop me to travel abroad

I was forced into a marriage by my family, because of which things didn't worked out the way i wanted to. There was no consummation of marriage even after 2 years due to various reasons like her behavior, other compatibility issues. I kept her well with me .
Now I have received a very good offer from one of the top companies in UK after which she has done all possible things to stop my travel. She send her family members to my home to threaten my parents to stop me to go.
After that she filed a case in Women Cells ( Mahila Thana) regarding the same, i was called there post counselling the lady inspector found everything correct on my part related to documentation which showed i was willing to take to her to UK once she has her visa and she said just consummate your marriage to which she agreed and before the next hearing her family called in Local Media outside police station and mentioned that i have beaten her and taken dowry and i am running outside country. This is published in next day Hindi local daily. 
She doesn't have a passport and i have applied for the same post which i will be filing her Visa but she filing all false cases against me to stop me and now saying I have also married a different girl just to accuse me.

Please let me know what legal options to i have at my disposal. It has been a very difficult one month.
Asked 8 years ago in Family Law
Religion: Hindu

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6 Answers

In these circumstances you can file a suit for permanent injunction against her in the competent civil court to seek orders of the court to restrain her from doing anything that will put your career prospects in jeopardy and also to refrain from harassing and defaming you in any manner.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Concerned,

You did not mentioned whether you have the Visa or Not - If you have the visa you may choose to leave the country without telling her and once you are out - you may just ignore her......

As per you notes this marriage has not been consummated till date - there are two strategies to it - consummate the marriage - settle your scores with your wife "temporarily" - show her your affection and as soon as you get your visa - you know what to do.

Secondly you may choose not to consummate and file a divorce on ground of cruelty and proceed with the same. Please note confiscation of passport can be done only by the court order and even police can not take your passport until a formal FIR is filed against you.

So do not worry ..... Please feel free to contact for further guidance on subject.

Best of Luck.

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1) you are at liberty to go abroad for work purposes

2) as on date there is no FIR filed against you

3)you cna file complaint of criminal defamation against your wife under section 500 of IPC

4) you cna also file for divorce on grounds of mental cruelty

5) refusal to have sex amounts to mental cruelty

6) wife making false allegations against husband amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Try to keep her clam and defary her aocnerns.

2.If your version is right then this lady can not be trusted anymore as she is doing all the wrong things to you.

3. Since you have done now orng no strong case will be there even if FIR is registered.

4. in the meantime do not lose this opportunity and leave India for your job.

5. if case is filed you can handle it at your coveience later. Nothing to worry much on this account.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Hi

unless there is an restricting order from the court your wife cannot stop you from taking up the job and moving out of country.

If the marriage has not consummated due to her unwillingness, you have an option to move court for divorce.

Her accusation of you have married some one has to be proved until then it will be a false allegation.

if there was a complaint in women cell and you attended and clarified the matter and her allegations, then there is no possibility of a FIR under 498A and dowry harassment.

by going to abroad on job is not any offence and she can't blame you as cruelty.

her blackmailing and intimidation will continue after you take her to abroad and it will also put you in risk interns of your job,so avoid it if the dispute is not getting solved.

If you adhere to her demands and compromise now , rest of your life will be difficult.

if the matter can be end amicably go for it.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

She is trying all her efforts to stop you from travelling abroad but not certainly out of affection on you instead it is to wreak vengeance.

Since you dont have any restriction or an order from any court restricting you from travelling abroad, you can ignore all such threats and go ahead with your proposed plan to future prospects.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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